Print View

The Intermediate and Secondary Education Ordinance, 1961 (East Pakistan Ordinance)

( Ordinance NO. XXXIII OF 1961 )

Chapter IV

MISCELLANEOUS

General conditions of service of the teachers of Intermediate Colleges and Secondary Schools
30. (1) An employee of a recognised Intermediate College or Secondary School shall be bound by the following general conditions of service, namely:-
 
 
 
 
(a) he shall not take part in, or subscribe in aid of, or assist in anyway, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established or to promote feelings of hatred or enmity between different classes of 1[Bangladesh] citizens, or to disturb the public peace;
 
 
 
 
(b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in 2[Bangladesh].
 
 
 
 
(2) Any person, who contravenes any of the conditions of service as stated in sub section (1), shall be liable to disciplinary action including removal from his post by an order of the authority which appointed such person on proceeding initiated against him.
 
 
 
 
(3) Any person aggrieved by an order of the authority referred to in sub section (2) may appeal to the Chairman who may pass such order on appeal as he thinks fit and such order shall be final.
Certain persons to be deemed to be public servants
31. Every member of the Board and of every Committee constituted under this Ordinance, and every person appointed for carrying out the purposes of this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 3[* * *] Penal Code.
Indemnity
32. No suit, prosecution, or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Ordinance.
Validation
33. No act or proceedings taken under this Ordinance shall be invalid on the ground merely of -
 
 
 
 
(a) the existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Ordinance;
 
 
 
 
(b) any member of the Board having voted on any matter in contravention of the provisions of section 16; or
 
 
 
 
(c) any defect or irregularity not affecting the merits of the cases.
Pension and Provident Fund or Contributory Provident Fund only
34. (1) The Board shall establish for the benefit of its officers and other employees either Pension and Provident Funds or Contributory Provident Fund only, as it may deem fit in such manner, and subject to such conditions, as may be prescribed by regulations. When a Provident Fund is established, the Government may, by notification, declare that the provisions of the Provident Funds Act, 1925 shall apply to such Funds.
 
 
 
 
(2) In case the Board establishes a Contributory Provident Fund under sub section (1) all employees of the Board shall subscribe to that Fund a sum equal to 81/3 per cent of his salary every month. The Board shall contribute an equal amount in respect of each subscriber every month.
 
 
 
 
(3) The terms and conditions of deposit of subscriptions and contributions to the Fund and withdrawals and advances from it shall be such as may be prescribed by regulations.
Age of retirement
35. A permanent employee of the Board shall retire in the afternoon of the day on which he completes the sixtieth year of his age.
Gratuity
36. (1) The Board shall provide for the members of the staff meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board.
 
 
(2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed by regulations.
Members prohibited from entering into contract with the Board
4[37. No member of the Board shall enter into any contract with the Board directly or through any other person in connection with the affairs of the Board.]
Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board
38. No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies such book, shall be eligible to become a member of the Board or a Committee constituted under this Ordinance and continue as such after having acquired any such interest.
Regulations
39. (1) The Board 5[may, with the previous approval of the Government] make regulations for the purpose of carrying into effect the provisions of this Ordinance.
 
 
 
 
(2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board may make regulations providing for all or any of the following matters, namely-
 
 
 
 
(i) the powers and duties of the officers of the Board 6[* * *];
 
 
 
 
(ii) the conduct of the meetings of the Board and of the Committees;
 
 
 
 
(iii) the grant and withholding of certificates;
 
 
 
 
(iv) the curricula and the courses of study to be framed and prescribed for such certificates;
 
 
(v) for granting or withholding recognition to Intermediate Colleges and Secondary Schools and for withdrawal of such recognition;
 
 
 
 
(vi) the constitution, powers and duties of the Governing Bodies of non Government Intermediate Colleges and Managing Committees of non-Government Secondary Schools;
 
 
 
 
(vii) the terms and conditions of service of the teachers of non Government Intermediate Colleges and non Government Secondary Schools;
 
 
 
 
(viii) the conditions under which candidates shall be admitted to the Examinations of the Board and shall be eligible for certificates;
 
 
 
 
(ix) the manner and mode of inspection;
 
 
 
 
(x) the fixing and receiving fees for admission to the examinations of the Board and for other purposes;
 
 
 
 
(xi) the holding and conduct of all examinations of the Board;
 
 
 
 
(xii) acquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub section (2) of section 3 7[or, as the case may be, in sub-section (2) of section 3A];
 
 
 
 
(xiii) manner of appointment of the officers of the Board, other than the Chairman by the Board;
 
 
 
 
(xiv) manner of appointment of employees of the Board, other than its officers, by the Chairman;
 
 
 
 
(xv) status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and staff of the Board;
 
 
 
 
(xvi) manner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14;
 
 
(xvii) form for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Government;
 
 
 
 
(xviii) the framing of an Accounts Manual or the prescription of the manner and form of keeping accounts of receipts and expenditure of the Board;
 
 
 
 
(xix) period within which the copy or the audit report together with the observation of the Board shall be forwarded to the Government;
 
 
 
 
(xx) manner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only;
 
 
 
 
(xxi) terms and conditions of gratuity;
 
 
 
 
(xxii) travelling allowance and daily allowance of the members for attending meeting of the Board and Committees;
 
 
 
 
(xxiii) reports, returns and statements to be furnished to the Government under 8[sections 10 and 26]; and
 
 
 
 
(xxiv) all other matters which are to be or may be prescribed by regulations.
 
 
 
 
(3) and (4) [Omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).]
 
 
 
 
(5) Regulations made under this Ordinance shall ordinarily be published in the official Gazette.
First Regulations
40. The regulations set out in the Schedule appended to this Ordinance, shall on the commencement of this Ordinance be the First Regulations of the Board and shall be deemed to have been framed by the Board under section 39.
Rules
41. The Committees appointed by the Board may, subject to the approval of the Board, make rules consistent with this Ordinance and the regulations-
 
 
 
 
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; and
 
 
(b) providing for all matters solely concerning such Committees and not provided for by this Ordinance and the regulations.
Transitional provision

42. (1) From the date of commencement of this Ordinance and till such time as the nominated and appointed members other than the Chairman are not nominated or appointed, the Chairman and the ex officio members shall exercise all the powers and perform all the duties of the Board and its Committees constituted under this Ordinance.

 
 
 
 

(2) On the nomination and appointment of all the members, the Board shall exercise all powers and perform all duties of the Committees constituted under this Ordinance up to the time the Committees are constituted.

Removal of difficulty
43. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members of the Board or otherwise giving first effect to the provisions of this Ordinance, the Government may, at any time before the first meeting of the Board, make any order consistent with the provisions of this Ordinance, which appears to 9[it] to be necessary or expedient for the purpose of removing the difficulty.
[Repealed]
 
 
44. [Repeals and saving.- Repealed by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).]
Bar to civil suit
45. No act done, order passed or proceedings taken by the 10[President or the Government] or the Board or by the Chairman or any other officer of the Board or by any Committee under this Ordinance, shall be called in question in any Court by a suit or otherwise.
 
 

  • 1
    The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 2
    The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 3
    The word “Pakistan” was omitted by section 16 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 4
    Section 37 was substituted by section 17 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 5
    The words and comma “may, with the previous approval of the Government” were substituted for the words “shall have the power to” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 6
    The words “other than the Controlling Authority” were omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 7
    The words, commas, brackets and letter “or, as the case may be, in sub-section (2) of section 3A” were added by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 8
    The words and figures “sections 10 and 26” were substituted for the word and figure “section 10” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 9
    The word “it” was substituted for the word “him” by section 19 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
  • 10
    The words “President or the Government” were substituted for the words “Controlling Authority” by section 20 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs